Edit Heaven

Terms and Conditions for Hire of Equipment or Software

 

These terms and conditions supersede all previous terms and conditions of Edit Heaven.

No variation of these Terms & Conditions shall be accepted unless specifically agreed to in writing by the Company.

Definitions

1. Edit Heaven is a trading name of Heaven Consulting Limited whose registered address is 99 Cambridge Road, New Malden KT3 3QP (“the Company”).


2. The specific goods or services to be provided by the Company in respect of any particular contract are those as defined and agreed on the specific booking confirmation form.

3. A week is defined as five consecutive working days (Monday to Friday inclusive) except for the dry-hire of equipment off the Company’s premises, for which it is defined as Monday to the following Sunday inclusive. A working day for the purposes of any contract with the Company which includes the provision of staff, is deemed to be of nine hours duration, unless agreed otherwise and confirmed in writing by the Company. Any time provided over that advised on the booking confirmation will be charged as supplementary, at the published Company’s rate for that service.

4. These conditions shall be construed in accordance with English Law.


Cancellations

5. Bookings are subject to a sliding scale of cancellation deadlines. For each week or part week the Hirer has booked, as per the booking confirmation, two and a half days (2.5) working days (subject to a maximum of ten working days) notice must be received in writing by the Company prior to the commencement of the booking, in respect of cancellation of, or amendment to, any aspect of the booking.

6. Bookings cancelled or amended after the cancellation deadline defined in 5 above will be charged at the full rate, unless otherwise agreed in writing.

Liabilities

7. All equipment on hire remain at all times the property of the Company and the Hirer shall not sell, loan, assign, pledge, encumber, part with or suffer any lien to be created over such equipment.

8. If the person signing the contract is not the hirer he warrants that he has the authority of the Hirer to enter into this contract on the Hirer’s behalf and shall indemnify the Company against all losses, damages and costs suffered or incurred by the Company as a result of any breach of such warranty.

9. The Hirer shall not assign this contract or rehire or part with possession of any of the equipment without the Company’s written consent.

10. The Hirer is responsible for having in existence before the hire begins insurance cover against all risks for the full replacement value of the equipment. The term “full replacement value” is defined as the cost of replacement equipment, at the time of the loss, from a supplier approved by the Company, of the same type and/or equivalent specification to that supplied to the Hirer.

11. The equipment must not be used on any abnormal or hazardous assignment or taken out of the United Kingdom unless otherwise agreed by the Company prior to the commencement of the hire.

12. The equipment shall be deemed to be in good repair and condition and to the Hirer’s satisfaction upon delivery to the Hirer unless the Hirer gives notice in writing to the Company within 40 hours of delivery. No warranty is given that the equipment is suitable for the purpose for which the Hirer requires it.

13. The Hirer shall at all times keep and at the end of hiring return all the equipment in good working order and repair and clean condition and will not in any way alter or repair any part of the equipment. The Hirer will pay on demand to the Company all losses, costs and expenses whatsoever paid for replacing any equipment not returned at the end of the hiring or damaged beyond economic repair. The replacement price shall be the “full replacement value” defined in 11 above.

14. The Company shall not be liable for any fees, penalties or charges, financial or otherwise, which the Hirer may incur, through the use of, or inability to use, any of the goods or services supplied by the company, unless arising directly through negligence.

15. The Company shall not be liable to the Hirer for and the Hirer shall at all times and in all respects indemnify the Company in respect of all actions, proceedings, costs, claims and demands whatsoever brought by any person for the death of or injury to any person (other than death or injury due to the negligence of the Company) or damage to property caused by or arising out of the use of the equipment in any manner whatsoever.

16. The Company reserves the right to subcontract all or any part of the Hirer’s order.

Payment

17. The current prices for hire of equipment or services quoted in writing supersede all previous published or quoted prices. Any published prices are subject to alteration by the Company at any time and without prior notice.

18. Unless otherwise stated, any price or rate quoted or published by the Company is exclusive of Value Added Tax which shall be payable to the Company in addition to the price or rate.

19. A credit account may be offered to the Hirer at the sole discretion of the Company, upon provision of satisfactory credit references.

20. Credit payment terms are strictly 14 calendar days from the date of invoice. The Company reserves the right to charge interest at 4% above the current base rate of Lloyds TSB Bank plc on all overdue amounts.

21. Payment by credit card or Switch is accepted. Payment by credit card attracts a surcharge of 2% on the total amount payable. There is no surcharge for payment by Switch.

Sale Terms and Conditions | ©2006 Edit Heaven